SUNIL BHAGWAN BHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals, judgment and order passed by 2nd Ad-hoc Additional Sessions Judge, Yavatrmal on 23.4.2003 convicting the appellants (original accused nos. 1, 2, 4 and 5) for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine in the sum of Rs. 1000/-, in default, to suffer simple imprisonment for three months, is under challenge. Since all the three appeals are arising out of one and the same sessions trial, they are being disposed of by this common judgment.

(2.) Briefly stated prosecution case is as under :

(3.) Crime was registered vide No. 484/2000 at City Police Station, Yavatmal under Sections 143, 147, 148, 302 read with Section 149 of the Indian Penal Code and Section 135 of the Bombay Police Act. Investigation followed. Inquest over dead body was held at Main Hospital, Yavatmal. Investigating Officer API Dambelkar (PW 13) visited spot and prepared spot panchanama. Weapon knife was recovered at the instance of A-1 Sunil. Razor was recovered at the instance of A-2 Santosh. Upon completion of investigation, chargesheet was filed in the Court of Chief Judicial Magistrate, Yavatmal who committed the case being Sessions Trial No. 41 of 2001 to the Court of Sessions at Yavatmal. Charge was framed on 5.8.2002 (exhibit 97). The appellants had denied it and claimed trial.